MDCR Issues Charge Against The Michigan Pedaler, Inc.

For Immediate Release

LANSING, MI - Today, the Michigan Department of Civil Rights (MDCR) filed a formal charge of discrimination against The Michigan Pedaler, Inc. (Respondent) for retaliatory termination, which violates Michigan's Elliott-Larsen Civil Rights Act (ELCRA).

"Protection against retaliatory termination under ELCRA is essential to ensuring the individuals can speak up against discrimination without fear," said MDCR Executive Director John E. Johnson, Jr. "By safeguarding that right, it strengthens accountability across workplaces and helps create more equitable access to opportunity for all workers."

The Claimant, a person of color who identifies as LGBTQIA+, engaged in a protected activity by informing their immediate supervisor that they were subjected to discriminatory treatment, including race and sex-based harassment, in July 2023. Upon receiving this information, the supervisor informed upper management, including the owner. The Respondent scheduled a meeting with their attorney and the Claimant without informing the Claimant that they would be questioned. This placed the Claimant at a disadvantage by not allowing them the opportunity to secure their own council or otherwise appropriately prepare for the meeting. Following this meeting, the Respondent terminated the Claimant's employment, although there was a lack of documentary evidence regarding poor work performance. This deprived the Claimant of an employment opportunity guaranteed by the constitution and civil rights laws of the State of Michigan.

Claimant subsequently filed a complaint of discrimination within the 180-day statute of limitations, and MDCR conducted an impartial investigation. This investigation determined that The Michigan Pedaler, Inc. unlawfully retaliated and terminated the Claimant after the Claimant reported their concerns of discriminatory treatment to both immediate and upper management. This action violates the protections guaranteed to every Michigan resident under ELCRA. As a result, MDCR filed a formal charge of discrimination on April 22, 2026.

Following a charge of discrimination, an Administrative Law Judge (ALJ) will conduct a hearing where the Department and the Respondent will have the opportunity to present evidence. After hearing the evidence, the ALJ will then issue a Proposal for Decision, which is a recommendation to the Michigan Civil Rights Commission - the final arbiter in complaints filed with MDCR - explaining what facts and law support the ALJ's conclusion that discrimination did or did not occur. If the ALJ determines that discrimination occurred, the Proposal for Decision would also include a recommendation on what remedies should be provided. Under ELCRA, available remedies include, but are not limited to: requiring non-discrimination training and/or policy changes, payment to the Claimant for damages, reinstatement of the Claimant, or any other relief the Commission deems appropriate.

Once the ALJ's Proposal for Decision goes to the Commission, the members will select one or more Commissioners to serve as Hearing Officers who are charged with drafting a final order and opinion for the full Commission's consideration. The entire Commission will then vote on whether they agree with the proposed final order. There is no time limit imposed on drafting and approving the Commission's final order and opinion, but efforts are made to present the matter to the Commission for consideration within 3-6 months.

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The Michigan Civil Rights Commission was created by the Michigan Constitution to safeguard constitutional and legal guarantees against discrimination. The Commission is charged with investigating alleged discrimination against any person because of religion, race (including hair texture and protective hairstyles), color, national origin, genetic information, sex, sexual orientation, gender identity or expression, age, marital status, familial status, height, weight, arrest record, disability, and source of income in housing cases. The Michigan Department of Civil Rights serves as the operational arm of the Commission. Find more information on the Michigan Department of Civil Rights at michigan.gov/mdcr.